Chapter 62

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AN ACT ESTABLISHING A TRAFFIC COMMISSION IN THE CITY OF WESTFIELD.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
There shall be in the city of Westfield a
traffic
commission to consist of 5 commissioners as follows: the chief of police or
his designee who shall serve at the pleasure of the chief, the superintendent
of
public works, the city engineer and 2 representatives from the city, 1 from
the residential community and 1 from the business community. The mayor shall
appoint and the city council shall ratify the appointments of the members from
the residential and business communities.

SECTION 2.
The chief of police or his designee shall act as the
chairperson of the commission for the first year.
Thereafter, the chairperson shall be chosen by election of the members of the
commission on or before the third Wednesday of March of each year. The
commissioners shall receive no compensation for their services but all expenses
incurred for the purposes of this act shall be paid by the city. All statutes
and
ordinances applicable generally to the departments of the city not inconsistent
with this act shall apply to the commission.

SECTION 3.
When the traffic commission is first constituted, the term
of the
representative of the business community shall be from the date of appointment
to
the third Wednesday of the month of March following completion of 1 full year
of service and 3 years thereafter; the term of the representative of the
residential community shall be from the date of appointment to the third
Wednesday of the month of March following completion of 2 full years of
service and 3 years thereafter. The members shall serve until a successor is
duly qualified and appointed. An appointment to fill a vacancy in such a
position shall be for the unexpired term of the member who is being replaced.
The police chief or his designee, the city engineer and the superintendent of
public works shall serve while in office. The commission shall meet quarterly
on the third Wednesday of March, June, September and December with special
meetings called by
the chairperson when deemed necessary.

SECTION 4.
The traffic commission shall have such authority as
provided in this act, to adopt, amend, alter and repeal rules and regulations,
not inconsistent with
the General Laws and this act, relative to vehicular street traffic and
parking in the city and to the movement, stopping or standing of vehicles on,
and
their exclusion from, any street, way, highway, road or parkway under the
control
of the city, including rules and regulations designating any way or part
thereof
under the control of the city as a throughway under and subject to
section 9 of chapter 89 of the General Laws and may prescribe
penalties not exceeding $200 for the violation of any rule or regulation
adopted
under this act. No such rule or regulation, except such special rules and
emergency
regulations as are declared and adopted pursuant to section 6,
shall take effect until published once in each of 2 successive weeks in 1 or
more
newspapers of general circulation in the city. No rule or regulation approved
by the traffic commission shall be effective until the traffic commission has
first sent a report to the city council setting forth the rule or regulation
or rules and regulations that that commission has voted to approve and the city
council
has voted thereon. In such vote, the city council may approve or reject each
separate rule or regulation as presented without approving or rejecting the
entire report but the city council shall not alter, amend or modify any rule or
regulation as proposed in such report. Upon vote of the city council with
approval of the mayor, such rules and regulations as approved shall have the
force and effect of law and may be enforced. Nothing in this act shall
be construed to authorize the commission to adopt any rule or regulation to
modify or limit any power or authority of the state department of public works
or the state department of public utilities or any power now vested in the
mayor,
city council or heads of departments with reference to the issuance of licenses
or permits for the opening, using or occupying of streets and sidewalks.

SECTION 5.
The commission shall have power to erect, make and
maintain or cause
to be erected, made and maintained, traffic and parking signs, signals,
markings
and other devices for the control of such traffic and parking in the city and
for informing and warning the public as to rules and regulations adopted
hereunder, subject, however to section 2 of chapter 89 of the General Laws.

SECTION 6.
Notwithstanding sections 5 and 6, in the event of an
urgent
need required by considerations of public safety, the police chief may
issue an emergency declaration adopting a temporary rule or regulation, not
inconsistent with the General Laws, relative to vehicular street traffic and
parking and the movement, stopping or standing of vehicles on any street, way,
highway, road or parkway under the control of the city and may authorize
installation of temporary traffic control signs or other temporary traffic
control devices in conformity therewith. Upon issuance of such a declaration,
a
copy thereof shall be transmitted to the traffic commission for its
consideration. Any such declaration shall expire as of the date of the regular
traffic commission meeting next following the date of issuance of the
declaration.

SECTION 7.
All existing ordinances and regulations, relating to the
control of
vehicular traffic and parking shall remain in full force and effect until
superseded by rules and regulations adopted by the traffic commission under
this
act and the adoption thereof by the commission shall not affect any act done
or
right accrued or penalty incurred or any suit.